ipc 376
Ajaykumar Sanghavi
(Querist) 28 February 2010
This query is : Resolved
the prosecutrix says that she allowed sexual intercourse because male partner assured her and give promise that he would marry with her. then male partner says "no"
Female is age of 20 yrs and male partner is 22 years and both are from different communities.she says that she gave a consent because of that promise. whether offence of i.p.c.376 is preprepared? what is the impact of section 90 of i.p.c.? it means consent
Guest
(Expert) 28 February 2010
breech of promise doesn't amount the offence of Rape......
375. Rape
A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:-
First- Against her will.
Secondly,- Without her consent.
Thirdly- With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
Fourthly- With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly - With her consent, when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly - With or without her consent, when she is under sixteen years of age.
but it should ve to need amendment..... cause... those person has to be punished... who breech their promise to marry.
Devajyoti Barman
(Expert) 28 February 2010
In the context of several decisions passed by the High Courts including Calcutta High Court sex on the assurance of marriage amounts to rape.
N RAMESH.
(Expert) 01 March 2010
I agree with Barman.
High courts have taken a stand that consent obtained by misrepresentation or fraud is NO consent.
